Monthly Archives: August, 2020

‘Authority, Vulnerability, and Strict Liability’

Christine Beuermann, Reconceptualising Strict Liability for the Tort of Another (2019). In Reconceptualising Strict Liability for the Tort of Another Christine Beuermann – a Lecturer in Law at the University of Newcastle – shines new light on strict liability for the wrongdoing of others. In the United States, we generally classify these as vicarious liabilities […]

Alex Long, ‘Retaliation, Humiliation, and Extreme and Outrageous Conduct: IIED in the Workplace’

ABSTRACT Citing the need to preserve managerial discretion, courts frequently espouse the need to adopt an ‘especially strict approach’ in cases of intentional infliction of emotional distress (IIED) in the workplace. As a result, it is notoriously difficult for employees to prevail upon IIED claims against their employers. At the same time, a few courts […]

Nataliia Filatova, ‘Smart contracts from the contract law perspective: outlining new regulative strategies’

ABSTRACT Smart contracts nowadays start being widely used in various areas of economic and social life. In most cases smart contracts are somehow related to legal contracts: the former may constitute part of a legal contract, an entire contract, or be used to automate a contract performance. Meanwhile, a question whether modern contract law is […]

Jonathan Barrett, ‘An analysis of Jean-François Millet’s The Angelus and the origins of droit de suite through the multifocal lens of love’

ABSTRACT The role played by Jean-François Millet’s The Angelus in the development of droit de suite has often been highlighted. The story of the cascading series of sales of the painting during which prices rose astronomically is typically recounted, without sceptical inquiry, in order to justify artists being allocated a small share in the resale […]

Gacutan and Selvadurai, ‘A statutory right to explanation for decisions generated using artificial intelligence’

ABSTRACT As artificial intelligence technologies are increasingly deployed by government and commercial entitles to generate automated and semi-automated decisions, the right to an explanation for such decisions has become a critical legal issue. As the internal logic of machine learning algorithms is typically opaque, the absence of a right to explanation can weaken an individual’s […]

Suzanne Kingston, ‘The Polluter Pays Principle in EU Climate Law: An Effective Tool Before the Courts?’

ABSTRACT The polluter pays principle (PPP) is often thought of as an aspirational or guiding principle rather than one that is justiciable by courts. While the principle features in many international conventions in varying formulations, it has not been recognized as a principle of customary international law. The legal status of the PPP in EU […]

‘A Cautious Caremark Opinion’

“When the Delaware Supreme Court decided Marchand v Barnhill, a lot people wondered – including, ahem, me – whether it heralded a new approach to Caremark claims. Among other things, Caremark claims tend to be successful – if at all – upon a showing that the Board either participated in, or simply disregarded, illegality (in […]

Achieving Access to Justice Through ADR: Special number of the Fordham Law Review

Foreword: Achieving Access to Justice Through ADR: Fact or Fiction? (Jacqueline Nolan-Haley) Online Resources and Family Cases: Access to Justice in Implementation of a Plan (Kristen M Blankley) American Diversity in International Arbitration: A New Arbitration Story or Evidence of Things Not Seen (Benjamin G Davis) The Dark Side of Consensus and Creativity: What Mediators […]

David Yosifon, ‘Corporate Law as an Existential Project’

INTRODUCTION We yearn for meaning but its material is hard to source. Once trusted suppliers are now examples of suspect ones. Religion is not believable. Art is sublime but not operational. Politics is patronizing. The culture is a mess. Baseball is gone to analytics. Material progress advances, formal ethical analysis advances, but the human spirit […]

Richard Michael Fischl, ‘Ideology and Argument Construction in Contract Law’

ABSTRACT I will offer an extended illustration of the demystification link here and will focus on promissory estoppel, a doctrine that receives sustained attention in the typical US Contracts class and has been the focus of a great deal of scholarship, critical and otherwise, for decades. Following this introduction, the essay proceeds in two parts. […]